HomeMy WebLinkAbout1996-02-06; City Council; 13508; DECLARATION OF PUBLIC NUISANCE AND ORDER FOR ABATEMENT - MUNICIPAL CODE VIOLATIONS AT 2637 JEFFERSON STREETpp e
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v ! CITY OF CARLSBAD - AG a DA BILL e
AB# ,/ T,~~CY TITLE: DECLARATION OF PUBLIC NUISANCE AND ORDER DEPT. t
FOR ABATEMENT - MUNICIPAL CODE VIOLATIONS
AT 2637 JEFFERSON STREET; APN: 155-1 70-25-00 MTG. cs -h - 36 CITY A1
DEPT. BLD CITY MI
RECOMMENDED ACTION:
It is alleged that a public nuisance exists at 2637 Jefferson Street within the City of
the lot identified as APN 155-1 70-25-00. It is recommended that the Council ADOPl
No. qh - 5-2 declaring the conditions which exist on the property a public ni
ordering the abatement thereof.
ITEM EXPLANATION:
The purpose of this item is for the City Council to hear any evidence or objections ai
the property identified as 2637 Jefferson Street, APN 155-1 70-25-00, is a public nL
The property is a vacant house with an empty swimming pool and cabana. The t
cabana and backyard are all unsecured and show evidence of being vandalized
evidence of transients using the house, cabana and garage. In addition, there is el
fires have been lit in the garage.
Section 6.16.010 of the Carlsbad Municipal Code defines a public nuisance as:
The existence of real property within the City:
(I) In a condition which is adverse or detrimental to public peace, health, s
general welfare; or
(2) Which is maintained so as to permit the same to become so defective, UI
dangerous or in a condition of deterioration or disrepair so that the same will,
cause harm to persons, or which will be materially detrimental to pror
improvements located in the immediate vicinity of such real property; is dec
constitute a public nuisance.
The property owner’s have refused to maintain the property secured from transients i
and failure to clean up debris. This promotes blight and deterioration, tends to
property values of private property, and invites plundering.
Numerous attempts to have the property owner repair, remove or permanently
structure, and clear debris from the property have been unsuccessful.
At the public hearing staff will present evidence to show why the conditions on t
should be declared a public nuisance and why it should be abated at the expense of
owners.
Page 2 of Agenda Bill 9 0. /3;-583 e
FISCAL IMPACT:
The property owner@) are financially responsible for abating the public nuisance.
any litigation to enjoin the nuisance or enforce any abatement order may be recove
property owner(s). Cost recovery methods are described within Chapter 6.16 oft
Municipal Code, Section 6.16.1 10, and can be accomplished by a lien against the p
action, or criminal action against the property owner(s).
EXHIBITS:
1. Resolution No. ?L - 5,L
2. Location Map
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RESOLUTION NO. 96-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBA
CALIFORNIA DECLARING A PUBLIC NUISANCE AT 2637 JEFFERSC
WHEREAS, the City Council at their meeting of February 6, 1996
STREET, APN 155-1 70-25-00.
duly noticed public hearing and considered all evidence and testimony of anyon
to be heard.
WHEREAS, the building and property are unsecured and may cause harm tc
and
WHEREAS, the time limits imposed in a Notice and Order by the Ci
Enforcement Officer have expired; and
WHEREAS, the property is in a condition which is adverse or detrimental
peace, health, safety or general welfare; and
WHEREAS, the property is maintained so as to permit the same to b
defective, unsightly, dangerous or in a condition of deterioration or disrepair so th;
will, or may cause harm to persons, or which will be materially detrimental to I:
improvements located in the immediate vicinity of such real property; and
WHEREAS, the site is known to be a haven for vagrants in the area; and
WHEREAS, the site is littered with appliances, clothing, and furniture; an(
WHEREAS, the swimming pool in the rear yard is unsecured; and
WHEREAS, the conditions on the parcel constitute a public nuisance as
Section 6.1 6.01 0 of Carlsbad Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City o
California, as follows:
1. That the above recitations are true and correct.
2. That the City has the power at both common law and by ordinan
nuisances.
3. That the condition of the property is adverse or detrimental to the pe
safety and general welfare of the public
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4. That the property is maintained in a manner which is materially detri
property and improvements in the immediate vicinity of such real property.
5.
6.
7.
That the conditions on the property constitute a public nuisance.
That the public nuisance shall be abated.
That abatement of the nuisance shall be the removal of all appliances,
and furniture on the site and securing all structures on the property and draining an(
the swimming pool area in compliance with City Ordinance or the swimming poc
demolished and properly backfilled.
8. That the abatement of the nuisance shall be completed by the propc
within 30 calendar days from the date of adoption of this resolution.
9. That is such public nuisance is not abated within 30 calendar day
date of adoption of this resolution that the Council will cause the abatement there(
make this expense of abatement a personal obligation of the person creating
committing, or maintaining the public nuisance, and a personal obligation of th
owner of the subject property, and a special assessment against the subject prop
That if the public nuisance is not abated within 30 calendar days frc
of adoption of this resolution, the City Manager is directed to abate the nuisance I
Carlsbad Municipal Code, Section 6.1 6.060.
10.
11 That the City Manager is also authorized to collect the costs of the
by the means described in Carlsbad Municipal Code, Section 6.16.1 10 or any o
means.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cour
City of Carlsbad, California, held on the 6th day of FEBRUARY
by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUf’
(SEAL)
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RESOLUTION NO. 96-23
.-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI CALIFORNIA DECLARING THE CITY'S INTENTION TO HOLD A PUBL HEARING ON THE ABATEMENT OF A PUBLIC NUISANCE AT 26: JEFFERSON STREET, APN 155-1 70-25-00.
WHEREAS, the conditions which exist at 2637 Jefferson Street, Assessoi
Number 155-170-25-00 are alleged to constitute a public nuisance as defined i
Section 6.16.010 of the Carlsbad Municipal Code; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1.
2.
That the above recitations are true and correct.
That the City has the power at both common law and by ordinancc
nuisances.
3. That the City Council has established procedures for the abatement
nuisances within the City limits.
4. That the City Council will hold a public hearing on February 6
in the City Council Chambers at 1200 Carlsbad Village Drive, Carlsbad, California t'
whether or not the conditions on the property described as 2637 Jefferson Street
a public nuisance and will hear and consider any and all evidence and objectior
That if a public nuisance is found to exist it will be ordered abi
expense of the property owner(s) and such expense shall become a lien ai
assessment against property and a personal obligation of the property owner main
public nuisance.
6.
5.
That the Community Development Director of the City of Carlsbad
this resolution to be posted according to law, and also cause the notice to be
property owner(s) and all parties that hold interest in the subject property thi
Council will hold a public hearing February 6, 1996 to determine
not the conditions constitute a public nuisance. Said notice shall be mailed at le'
prior to the hearing.
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7. That based upon the facts presented at the public hearing, the City Cc
determine whether or not a public nuisance exists, and if it exists the City Council
that the public nuisance be abated at the expense of the person(s) creating it and thf
owner($.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Cou,
City of Carlsbad, California, held on the 16th day of JANUARY
by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
\ ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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